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Hello Community. My VISA status has been changed from F1-OPT to H1B on October, 2019. Will I be able to use turbotax for filing taxes for 2020?

Here is the substantial presence test calculation (counting atleast 46 days in 2021 - till feb 15),

2021 - 46 days

2020 - 366 days/3 - 122 days

2019 - counting days on h1 status - (oct 1 - dec 31) - 92 days/6 - 15.3 days

total - 183 days

 

Is my calculation correct?

Could someone please confirm this?

Thank you !!

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Accepted Solutions
LinaJ2020
Expert Alumni

Hello Community. My VISA status has been changed from F1-OPT to H1B on October, 2019. Will I be able to use turbotax for filing taxes for 2020?

If you are filing taxes for year 2020, you would be only counting the days for the year of 2020.  If you have stayed in the US for more than 183 days in 2020, you do not need the days from 2019.  If you have not met the 183 days in 2020, then you will count all the days in 2020 and 1/3 days from October to December in 2019.  Either way, if the total days between 2019 and 2020 added are at least 183 days, you are considered as a US resident for tax purposes hence you can use TurboTax to file.  You do not count days for 2021.   The years you are on the F-1 visa will not be counted to meet the Substantial Presence Test SPT.  

 

Hope this helps. 

 

 

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5 Replies
LinaJ2020
Expert Alumni

Hello Community. My VISA status has been changed from F1-OPT to H1B on October, 2019. Will I be able to use turbotax for filing taxes for 2020?

If you are filing taxes for year 2020, you would be only counting the days for the year of 2020.  If you have stayed in the US for more than 183 days in 2020, you do not need the days from 2019.  If you have not met the 183 days in 2020, then you will count all the days in 2020 and 1/3 days from October to December in 2019.  Either way, if the total days between 2019 and 2020 added are at least 183 days, you are considered as a US resident for tax purposes hence you can use TurboTax to file.  You do not count days for 2021.   The years you are on the F-1 visa will not be counted to meet the Substantial Presence Test SPT.  

 

Hope this helps. 

 

 

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Hello Community. My VISA status has been changed from F1-OPT to H1B on October, 2019. Will I be able to use turbotax for filing taxes for 2020?

Thank you very much @LinaJ2020 for the clarification.

PattiF
Expert Alumni

Hello Community. My VISA status has been changed from F1-OPT to H1B on October, 2019. Will I be able to use turbotax for filing taxes for 2020?

LinaJ2020 is correct that you are able to file taxes online.

 

See this link for more information: Alien Residency Requirements

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Hello Community. My VISA status has been changed from F1-OPT to H1B on October, 2019. Will I be able to use turbotax for filing taxes for 2020?

I am very concerned that all of the above answers are incorrect. Or at least, they did not ask you a very important question. Did you have income while you were an F-1 student?

 

For the period of time when you were an F1 student, you were considered a non-resident.  Your US residency begins on the date of your H1 visa if you are already in the US at that time, or the date you arrived in the US after receiving the H1 visa.  If you did not have any US-sourced income while you were an F1 student, then your tax return is simple. You file a US resident tax return that only includes income beginning with your H1 visa. This can indeed be done with TurboTax.

 

However, if you had US income while you were an F1 student, such as a taxable fellowship, then this year you are a dual status alien. TurboTax does not handle the situation.

 

I believe that to file a dual-status return, you would prepare your resident return and then attach a written statement showing your nonresident taxes, and file the entire package by mail. You could potentially use TurboTax to prepare your resident return.  Then if you used another tax preparation company to prepare your 1040NR nonresident return for your F1 income, that could serve as your written statement of the nonresident tax you owed. You would then put all the documents together and mail your tax return along with the payment. You can’t e-file in this situation.


it’s a complicated enough situation that you may want professional help this year. Next year when you are an H1 resident, you could easily use TurboTax.

 

I think @pk can confirm whether I am right or not.  

pk
Level 15
Level 15

Hello Community. My VISA status has been changed from F1-OPT to H1B on October, 2019. Will I be able to use turbotax for filing taxes for 2020?

@sai_94  generally agreeing with the concerns raised by @Opus 17  and some of the earlier comments, I have a few questions ---

(a) when did you enter this country on F-1;  (b) Which country are you from;  (c)  was the entry as a student on F-1 was your first ever entry into the USA or did you have other prior visits;  (d) is this your original  F-1  or it has been extended;  (e) assuming that you earned during OPT, did  the employer withhold Social Security - he should not have;  (f) H-1B is with the same employer and is he now withholding Social Security;  (g) are you married and if so is it to another alien or  US citizen/Resident ; (h) has this stay been a continuous stay for you  or has there been breaks i.e. you went home for long periods  AND lastly are you trying to file 2019 or 2020 return ?

I understand you want only a simple TurboTax usage answer but without the rest of the answers , the answer(s) would not provide sufficient info and that is why @Opus 17  suggested a tax professional familiar with taxes for aliens.   Please answer and perhaps  we can guide you 

 

pk

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